The need for an intermediate type in the crime of rape in front of the penalty’s disproportionality

Abstract

The article critically talks about the disproportionality of the minimum penalty on the crime of rape, which is in the art. 213 of the Brazilian Penal Code, when this applied to conduct that cause less damage to the well of the victim. The theme includes the need of creating a criminal type that fill the legal gap and be feasible to penalize the less serious conduct, without this violates the fundamental principles inherent to both, the author and the victim of the crime. This study exposes, thus, conceptual boundaries, it analyzes the protected legal well and the typical figure covered by this crime, the principles applicable to the species, the reasons that make insufficient the existing criminal law, as well as the practical application of legal alternatives designed to reduce the disproportion.